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List of scholarly work pertaining to executive appointment and removal power

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See also: Appointment and removal power (administrative state)

The appointment and removal power refers to the authority U.S. presidents have to control the officers who oversee administrative agencies. The U.S. Constitution, Congress, and the U.S. Supreme Court have placed limits on the president's power to staff his administration and to fire agency leaders.

The appointments clause in Article II of U.S. Constitution gives the president the power to nominate officers of the United States. That part of the Constitution also empowers the U.S. Senate to block appointments if senators do not consent to the president's nominee. Congress also has the constitutional authority to put the president, courts, or department heads in charge of appointing inferior officers. After the U.S. Supreme Court decided Humphrey's Executor v. United States (1935), Congress limited the president's ability to fire the heads of independent federal agencies.

Articles about executive appointment and removal power

The following table features articles about the appointment and removal power:

Articles about executive appointment and removal power
Author(s) Title Source
Alexander Hamilton, writing as Publius Federalist No. 70: The Executive Department Further Considered The Federalist Papers (1788)
Alexander Hamilton, writing as Publius Federalist No. 72: The Same Subject Continued, and Re-Eligibility of the Executive Considered The Federalist Papers (1788)
James Madison Speech in Congress on Presidential Removal Power Congressional Debate (June 16, 1789)
Reginald Parker The Removal Power of the President and Independent Administrative Agencies Indiana Law Journal, Vol. 36, Issue 1, Article 3 (Fall 1960)
Peter Strauss The Place of Agencies in Government: Separa­tion of Powers and the Fourth Branch Columbia Law Review, Vol. 84, No. 3 (Apr., 1984)
Geoffrey P. Miller Independent Agencies The Supreme Court Review, Vol. 1986 (1986)
A. Michael Froomkin Note: In Defense of Administrative Agency Autonomy Yale Law Journal, Vol. 96 (Mar., 1987)
Peter M. Shane Independent Policymaking and Presidential Power: A Constitutional Analysis The George Washington Law Review, Vol. 57, No.3 (Jan., 1989)
Lee S. Liberman Morrison v. Olson: A Formalistic Perspective on Why the Court Was Wrong American University Law Review, Vol. 38 (1989)
Steven Breker-Cooper The Appointments Clause and the Removal Power: Theory and Séance Tennessee Law Review, Vol.60 (1993)
Cass R. Sunstein & Lawrence Lessig The President and the Administration Columbia Law Review, Vol. 94 (Jan. 1994)
Marshall J. Breger & Gary J. Edles Established by Practice: The Theory and Operation of Independent Federal Agencies Administrative Law Review, Vol. 52 (2000)
Saikrishna B. Prakash New Light on the Decision of 1789 Cornell Law Review, Vol. 91, Issue 5, Article 2 (July 2006)
Saikrishna B. Prakash Removal and Tenure in Office Virginia Law Review, Volume 92, No. 8 (Dec., 2006)
Kirti Datla & Richard L. Revesz Deconstructing Independent Agencies (and Executive Agencies) Cornell Law Review, Vol. 98, Issue 4, Article 1 (May, 2013)
Neomi Rao Removal: Necessary and Sufficient for Presidential Control Alabama Law Review, Vol. 65, No. 5 (July, 2014)
Marshall J. Breger & Gary J. Edles Independent Agencies in the United States: Law, Structure, and Politics Oxford University Press (Apr., 2015)
Brad Snyder The House of Truth: A Washington Political Salon and the Foundations of American Liberalism Oxford University Press (Feb., 2017)

See also

Footnotes